AttorneyGate: Number 2 DOJ Official Resigns
Deputy Attorney General Paul McNulty announced his resignation on Monday, the latest and highest-ranking Department of Justice official to resign over the firing of United States Attorneys.
In addition, MSNBC reports that "Lanny Davis, the only Democratic member of the president’s civil liberties watchdog board," also resigned on Monday. In his resignation, Davis, "a former Clinton White House official who had been named by President Bush to serve on the Privacy and Civil Liberties Board ... [protested] the panel’s lack of independence."
Two other Justice officials -- Attorney General Alberto Gonzales chief of staff Kyle Sampson and White House liaison Monica Goodling -- have recently resigned over the USA firings. Last week, Goodling received immunity from prosecution in exchange for Congressional testimony.
However, McNulty has no immediate plans to leave -- saying he would stay on through the summer or until Congress confirms a successor. Analysts suggest McNulty was "disenchanted" with the AttorneyGate matter and blindsided when learning of "the early White House role in the decision to remove the prosecutors."
In February, McNulty testified under oath to Congress that the firings of USAs were for "performance" reasons, although he admitted that one USA, Bud Cummins, was discharged in order to promote a Karl Rove protege:
During the hearings, Democratic Sen. Chuck Schumer of New York posed the following question to McNulty: "First, Bud Cummins has said that he was told he had done nothing wrong and he was simply being asked to resign to let someone else have the job. Does he have it right?"
McNulty: "I'll accept that as being accurate, as best I know the facts."
Schumer: "So, in other words, Bud Cummins was fired for no reason. There was no cause."
McNulty: "No cause provided in his case, as I am aware of it.
Schumer: "None at all. And was there anything materially negative in his evaluations, in his EARS reports or anything like that? From the reports that everyone has received, he had done an outstanding job and had gotten good evaluations. Do you believe that to be true?"
McNulty: "I don't know of anything that's negative, and I haven't seen his reports, or probably only one that was done during his tenure, but I haven't seen it. But I'm not aware of anything."
However, on 13 March, in answer to a question about prior DOJ officials testimony, AG Gonzales expressed "concern" that "incomplete information, was communicated" to Congress.
QUESTION: Were there any discussions between you and the White House regarding you stepping down or Deputy Attorney General Paul McNulty stepping down, and with regard to the Chief of Staff Kyle Sampson, is he still here at the Justice Department working?
ATTORNEY GENERAL GONZALES: Kyle Sampson has resigned. I accepted his resignation yesterday as chief of staff. As a technical matter he is still at the department as he transitions out and looks for other employment.
With respect to the first part of your question, I work for the American people. I serve with the pleasure of the President of the United States. I will say in doing my job it is easier to have the confidence of members of the Congress and I will continue to do the very best that I can to maintain that confidence and that's what I intend to do: continue to do my job on behalf of the American people, ascertain what happened here, and assess accountability and take corrective actions.
Obviously I am concerned about the fact that information, incomplete information, was communicated or may have been communicated to the Congress. I believe very strongly in our obligation to ensure that when we provide information to the Congress, it is accurate and that it is complete and I am very dismayed that that may not have occurred here.
President Bush named McNulty the United States Attorney for eastern Virginia in 2001. McNulty was nominated to the number two position at Justice in October 2005 (after Timothy Flanigan withrew) and became acting director on 1 November. He was sworn into office on March 17, 2006. Under Bush the Elder, McNulty served as the DOJ director of policy.
Originally posted at 5.47 pm Eastern